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B-292758 1 (2003-10-16)

handle is hein.gao/gaobacylm0001 and id is 1 raw text is: 


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         G    A    0Comptroller General
 ... .Accountability * Integrity * Reliability                    of the United States
United States General Accounting Office
Washington, DC 20548


             D  ..
         Decision


         Matter of:  Weeks Marine, Inc.

         File:       B-292758

         Date:       October 16, 2003

         Timothy A. Sullivan, Esq., Starfield & Payne, for the protester.
         Daniel C. Sauls, Esq., and Douglas L. Hilleboe, Esq., Steptoe & Johnson LLP, for
         Great Lakes Dredge & Dock Company, an intervenor.
         Joseph J. Cox, Esq., Lorraine C. Lee, Esq., and Rita M. Fang, Esq., U.S. Army Corps of
         Engineers, for the agency.
         Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Agency reasonably accepted late bid where the paramount cause of the late receipt
         was affirmative misdirection by the agency and where consideration of the late bid
         did not compromise the integrity of the competitive procurement system.

         DECISION

         Weeks Marine, Inc. protests the decision by the U.S. Army Corps of Engineers to
         accept the apparent low bid submitted by Great Lakes Dredge & Dock Company
         under invitation for bids (IFB) No. DACW51-03-B-0013, issued for the Maintenance
         Dredging Shinnecock Inlet Interim Beach Nourishment Project. Weeks, the second
         low bidder, argues that the bid submitted by Great Lakes was late and should have
         been rejected because it did not qualify under any of the exceptions to the late
         bidding rules.

         We deny the protest.

         The IFB provided that sealed bids were due in original, with one copy, at the place
         specified in Item 8 by 11:00 AM local time on August 22, 2003.' IFB, Standard Form

         'The original date for bid opening, August 18, 2003, was changed by amendment.
         See IFB, amend. No. 001.

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